2024 (9) TMI 1382

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.... the order dated 11.07.2023 and refund of tax amount in compliance of the order dated 31.01.2022 passed by Income Tax Appellate Tribunal, Indore Bench, Indore along with interest. The facts of the case in short are as follows;- 2. The Assistant Commissioner of Income Tax-TDS initiated proceedings under Section 201 (1)/ (1A) of the Income Tax Act. They assessed the tax liability of Rs.1,90,94,630/- and Rs.10,84,08,460/- (including interest) for the FY 2009-10, FY 2010-11 and 2011-12 from the petitioner for default of non-deduction of tax at source from the payments made on various remittances for purchase, installation and supervision charges. 3. The petitioner challenged the above findings recorded by the Assessment Officer before ....

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....terest till date. Vide letter dated 11.07.2023, the Income Tax Officer, rejected the aforesaid request on the ground that the request for refund for the relevant assessment year can be raised, only if the assessee files its application on the TRACES Portal in the prescribed form i.e. Form 26B and secondly there is no provision available on the TRACES portal to adjust the outstanding demand of PAN or TAN against the pending refunds of the TAN and requested the petitioner to deposit the aforesaid demand, hence, present Writ Petition before this Court. 6. After noticing the respondent filed a reply by submitting that the Centralized Processing Cell (TDS) intimated that functionality of adjustment of refund against the outstanding (TAN/PAN) ....

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.... a return by the provisions of section 139, however, Section 240 deals with the refund of any amount that becomes due to the assessee as a result of any order passed in the appeal or other proceeding. Section 240 mandates that the Assessing Officer shall refund the amount to the assessee without his having to make any claim on that behalf in the event of refund becomes due as a result of an order passed in the appeal. Section 243 provides payment of interest on delayed refunds that shall start accruing after the expiry of the period of three months from the date of the order granting the refund. Section 241A has been inserted by Finance Act,2001 w.e.f.01.04.2017 about the withholding of refunds in certain cases but the same would not apply ....